other rape victims may hesitate to come forward because now what this creates is an environment where, well, we don't know. we don't know. it could be another fake one. another duke lacrosse situation and damn her for doing what she did. she should be taken into custody. >> megyn: she stole his life, david. she stole it. five years, plus he had this promising football future. and i mean, if you heard him in the interview he seemed like an earnest young man and wants to move on with his life, but this problem is bigger than just brian banks now. and the system has a problem and there is a real question about whether the system needs to ask this young woman for some justice. >> well, you know, there's no question about it, megyn. and props to my law school whose assisted in his exoneration. and the prosecution would be giving false information which is a misdemeanor in california, now, the victim himself, now the victim in this case, mr. banks, does not want to go forward with the prosecution. he doesn't want to cooperate ap also, megyn, you have the third prong of this problem, even th